who supported this project differs from the impact on what has been a disproportionate impact
on the of this unpermitted overbuild on the immediately adjacent neighbor at 925 League
Street that neighbors you know right behind them and so well we've you know we they've contacted
I don't know if they're here today they said they planned to be but based on the photographs they
shared and the information they shared the uh overbuild is um of that rear addition which
replaced the sunroom with an actual structure um is um which is now being sought to be legalized
uh has has a number of potential issues with it that um has a run runoff of the uh you know the
posts directly on the concrete block wall but uh but beyond that you know which the wall appears to
be uh you know straddling the property line the the the upstairs uh the segment floor appears to
be uh again without a survey it's hard to tell but um what we do know is they're they're they're
getting rainwater runoff coming onto their patio now because of the um uh you know this being built
out all the way to the property line or possibly slightly beyond the property line whatever the
case may be um and the um so beyond that storm water there's just um uh there's also windows
There's also windows present on the structure, even though the structure is built out all the way to the property line, which could be a possible building code.
present on the structure even though the structure is built out all the way to the property
But, I mean, basically, we did not want to lose sight of the fact of that one disproportionate impact of that one near neighbor that was right adjacent to them.
We appreciate that the owner is trying to address the water penetration issues and retain contractors and to try to do the right thing.
It is a very difficult case, but given the way that this was done, we just encourage the board to consider these additional factors and the impact of that one neighbor, you know, in this kind of, in their unique perspective when making your decision.
Thank you. I know it's a bit difficult.
Thank you, Eugene.
Mr. Chairman, I just wanted a couple of counterpoints on that, if you don't mind.
yeah again there was a structure that would have caused some stormwater runoff for 40 40 some odd
years already secondly actually removing the glass and putting walls increases the privacy
of the property behind it because before folks you know with a with a glass structure you can
look right into the rear yard that rear property by the way is vacant it's based on the information
that we have. And there may in fact be structural issues and building code issues that need to be
handled. I've advised my client of that with regard to the windows. And he's fully ready,
willing, and able to engage an engineer to ensure that the building code will be compliant.
But first, we have to legalize something that, again, he didn't create that build out. The build
has been there since the 80s. And we also have some folks who live on Leak Street to support
this as well. So that's all I have to say about this. I think the big concern has to do with the
building code, and I get that. And they will be addressed, but we can't get there until we get
through this hearing. Thank you. Anyone else to testify in this case? Please raise your hand.
Chair, we have Jacob Kelberman. Please unmute yourself and wait for the chair.
Sir, please spell your full name and I'll swear you in.
Hi, my name is Jacob, J-C-O-B, Kelberman, K-E-L, B as in boy, E-R-M-A-N.
You swear or affirm to tell the truth, the whole truth, nothing but the truth?
Your address, sir?
So I currently live at 119 South 44th Street in West Philadelphia.
I'm a former tenant of 925.
Objection to standing.
What's your standing?
My parents are the owners.
I just wanted to object to Mr. Anastasio's last statement that the property is currently vacant.
I wanted to invite my parents, the property owners, and the former tenants, Dave Darville and Silas Irvine, to testify.
Former tenants would have no standing.
They're out because there's a need for renovations on the property that has recently begun because of the rainwater.
I have some videos of the rainwater storm damage to share as well.
Mr. Chairman, none of this is, unfortunately, for this gentleman, for this witness, he lacks, he has zero standing, as do his parents, because none of them live there.
This is a rental income property.
That, by the way, my client is already working to address, again, any building code or water runoff issues. Water runoff issues that pre-existed for 45 years, because again, there was a structure there. It may have been all glass, but it was exactly the same dimension.
Thank you.
Mr. Kleberman, there is no standing in this. Anyone else to testify?
yes chair we have ty keller excuse me esther chernak please unmute yourself and wait for the
chair thank you very much good morning ma'am please spell your first and last name
first name is esther my first name is esther e-s-t-h-e-r my last name is chernak c-h-e-r-n-a-k
You swear or affirm to tell the truth, the whole truth, nothing but the truth?
In your address, ma'am?
My current address is 908 Gypsy Hill Road at Amber, Pennsylvania, but I am the owner of 925 League Street.
You have no standing, ma'am.
I am the owner of 925 League Street, and the property was lived in by my son, and it is vacant because we're renovating it.
Mr. Chairman, this is somebody from the suburbs coming in trying to tell us how to do things.
The same. Next, any other witnesses?
Next, any other witnesses?
I see no hands, Chair.
Thank you. Planning Commission.
Good morning. David Fecto, City Planning Commission, Mr. Chairman, members of the board.
The comprehensive plan recommends no change in the existing residential single-family zoning.
This addition appears to have been built without benefit of permit and has reduced the rear yard beyond what would be allowed by the code.
we recommend that the board deny the requested variances.
Just not to be argumentative, but this is a pre-existing condition.
It wasn't created by the current owner.
That's correct.
Right.
But from Mr. Anastasio's presentation,
it appears that the applicant had started renovating the sunroom anyway.
And our thought is that since you started the renovations,
you could have just torn down the sunroom.
It doesn't seem like a hardship.
Okay, appreciate it.
All right, thank you.
MI 2021-002018, 922 Kimball Street, my vote is yes.
Harold Tenere, my vote is yes.
Professor Plaza, yes.
My vote is yes.
Thomas Holloman, my vote is yes.
Thank you all.
Thank you.
Any unfinished business on the 930 list?
If not, we will see everyone back here at two o'clock.
I'm sorry, Chair, this is Tanya Sunkit, the administrator.
Would it be okay to ask the audience?
I'm sorry, you were going to ask if anyone has not yet been recognized?
Yes, thank you.
That's my next statement.
You got it.
Thank you.
My mistake.
Anyone who feels they've not been recognized, please raise your hand.
I see no hands, Chair. Thank you.
Good afternoon. My name is Carol Tenere and I'm the Vice Chair of the Zoning Board of Adjustment.
I'll be participating in today's hearing along with Board Secretary Confessor Plaza and Board
Members Thomas Holloman and James Snell. Board Administrator Tanya Sunkett and Fatina L.
are present and along with Board Attorney Sharon Saleta. Is that correct or is there another?
And Rebecca. Rebecca, what is, I'm looking for your last name.
Cole. Oh, it's right in front of me. Rebecca Cole is the board attorney today. For those of you who
haven't yet participated in one of our virtual hearings, I'll go through some of the basics of
what you can expect. First, we will be administering oaths to individual participants prior to their
testimony. Second, we'd like to advise everyone that this proceeding is being recorded and that
There is a request that Sean Moore, the attorney, be the attorney moving party.
It's a request for a continuance.
And number 10 on your list board, calendar number 2537, 4520-40 Worth Street.
Justin Crick is the attorney, and he is requesting continuance.
number 14 on this list calendar number 2540 740 north 20th street gussie o'neill is the attorney
and she is requesting a continuance does anybody have any objections to those continuances
we have um madam chair we have carolyn steinberg ms steinberg please unmute yourself and please
wait for madam chair hi ms steinberg name and address for the record spell your last name
and I'll swear you in. Hi, my name is Carolyn Steinberg spelled S-T-E-I-N-B-E-R-G. My address
is 718 North 20th Street. Okay. Do you swear or affirm to tell the whole truth and nothing but
the truth? I do. Okay. In which case are you referring to? 740 North 20th Street.
that case was continued okay um can i object to the continuance or is that not something
as like a neighborhood oh you can you can object to it and it'll be on the record as your objection
okay yeah um can i object to it they didn't notify the neighborhood that they were going to
file a continuance and not be appearing today okay well your objection is noted thank you
madam chair we do have the attorney of record with her hand up i can ask her to speak if you
wish oh that's great that's gussie o'neill yes correct yes good afternoon thank you can everyone
yes name and address i don't need your address but your last name and i'll swear you in sure
Augusta O'Neill, my last name is spelled O-N-E-I-L-L.
Do you swear to affirm to tell the whole truth and nothing but the truth?
I just wanted to respond to Ms. Steinberg's statement.
We did inform the RCO that there was a request for a continuance, and we also informed Mary Jones of the councilman's office.
So the appropriate parties were notified that we were going to be requesting this continuance.
Okay, great.
Thank you.
so this case is still sure are there any other requests for continuances
i see no hands madam chair okay so we'll begin with um the listings
under the two o'clock hearing first we'll start with an add-on the address is 3934
West Girard Avenue. Calendar number is MI-2021-002316. My vote is no.
Professor Plaza, my vote is no. James Snell, my vote is no. Thomas Holliman, my vote is no.
Moving on to number two, calendar number 2573-1418 West Allegheny Avenue.
The attorney is Lee Elsley.
There's no RCO letter from either Tioga United or Swampoodle.
I'm sorry, Madam Chair.
Are we doing?
Do you know what?
But I, you know, I skipped number one.
Yeah, but this is those cases are for the regular list.
Yeah, I only have one add on the 3934 West Girard.
OK, and then we would start with number one.
As we normally.
I understand here.
It's no problem.
Thank you, Tanya.
Strike what I said about case number two.
We'll start with number one, calendar number 2464-1128 North 41st Street.
The attorney is Joseph Consul.
And there is a letter of support from Viola Street Residents Association.
Mr. Consul, name and address for the record, and you'll get sworn in.
Mr. Consul, name and address for the record and you'll get sworn in.
Hi, Board. Joe Consul here, Consul Madison, LLP. That's 1 West 3rd Street, Suite 204, Media PA, 19063.
Hi, board.
Do you swear our firm to tell the whole truth and nothing but the truth?
Do you also agree to waive the reading of the refusal and stipulate to its accuracy?
Have you emailed the exhibit packet with proof of ownership tax compliance, a copy of the refusal or referral?
photos and or plans of the property five days in advance of this hearing and have you met with the
RCO and do you have a letter uh yes to everything okay and and just remember the RCO did submit a
letter of support so you may proceed all right good afternoon board uh Joe Consul here again
um did my appeal packet show up on the screen yes it did all right great thank you um I'm here for
1128 North 41st Street. The property is owned by SFIG LLC, which is an LLC owned by Mr. Robert
Sherman. He's on the call. 1128 North 41st is a lot. There it is on the screen. One block off
Girard between 41st and 42nd Street. It's 1770 square feet. It's zoned residential multifamily
RM1. When it was purchased at the end of April in 2020, the developer's intent was to rehab the
property as it stood. However, in June, the city issued a demo permit and the building was torn
down without the developer being made aware that the deed hadn't been recorded yet or hadn't
hadn't shown up yet so he hadn't he didn't get any notice of it that being said i left the
developer in a position um to build from the ground up and um here we are with that financial
calculus in mind um originally we had requested seven units and that's what we had the refusal
for um we met with the viola street residents association back in july at that time they were
opposed to the idea of seven units but they encouraged us to come back uh for a second
meeting with a revised proposal. We went back on the 7th of September just a few weeks ago and
brought in front of them the proposal for six units. At that time, we got support from the RCO
and that is that. It's the letters in the packet. The layout would be two two-bedroom units,
two one-bedroom units on the second floor and two one-bedroom units on the third floor so a total
of six units two of which are two bedrooms two four of which are one bedroom uh trash will be
stored in the back which is accessible by all units and we'll have a private pickup um at least
two times a week as how the developer does business on his multi-families i've got robert
sherman on the call if i could have him raise his hand just to confirm what i've said
mr sherman can you put your name on the record and spell your last name and i'll swear you in
robert sherman r-o-b-e-r-t-s-h-e-r-m-a-n
do you swear or affirm to tell the whole truth and nothing but the truth
I do. Okay, you may proceed, Joe. Good afternoon, Mr. Sherman. Did you hear my speech today about your property? Good afternoon, yes, I did. Do you agree with what I said? Yes, everything is accurate. Okay, great. The only thing I wanted you to comment on was the demolition and the financials, if you have just a brief comment on that, because I believe that's relevant to our extra unit request here.
yeah um we purchased the property i purchased the property and um unfortunately at the time
of when i purchased it the documentation was wasn't recorded properly uh wasn't recorded